What was the outcome of Tenancy Tribunal case 5142208?

The tribunal order states: Chantel Kilner must pay Cutlers Limited - As Agent For Mount Cargill Trust

How much money was awarded in case 5142208?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,591.43 awarded to landlord; Rubbish Removal: $2,652.00 awarded to landlord

What type of tenancy dispute was case 5142208?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5142208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11699448-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5142208?

The tribunal order states: Chantel Kilner must pay Cutlers Limited - As Agent For Mount Cargill Trust

How much money was awarded in case 5142208?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,591.43 awarded to landlord; Rubbish Removal: $2,652.00 awarded to landlord

What type of tenancy dispute was case 5142208?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5142208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11699448-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 405 North Road, North East Valley, Dunedin Tenancy Tribunal Case 5142208 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5142208 — net $2,620.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/1/2025	$1,591.43	Rent arrears to 10/1/2025
Cleaning, repairs, rubbish removal, replacement curtains, carpet cleaning	$2,652.00	Cleaning, repairs, rubbish removal, replacement curtains, carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,620.43
Total payable by Tenant to Landlord	$2,620.43

The landlord attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy ended on 10/1/2025 when the landlord received the keys after the tenant vacated without notice.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.

In support of the claim for cleaning, carpet cleaning and rubbish removal the landlord provided an entry inspection report dated 28/5/2024 and an exit report dated 23/12/2024, both containing photographs.

I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy, the carpet needed cleaning and did not remove all possessions and rubbish.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord sought compensation for removal of paint from a bathroom door, repairs to a bedroom wall, replacement of curtains and repairs to an outside fence.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

I am persuaded by the evidence that intentional damage was caused during the tenancy to a door, bedroom wall, curtains and fence and was more than fair wear and tear.

The landlord provided an invoice for a global amount of $3,979.00 for all the work undertaken to “bring the property back to a rentable state”.

I have reduced the amount claimed by one third.

The reason for this is the lack of details in the invoice which make it impossible to consider whether the amount claimed is reasonable. No hourly rate or number of hours worked is recorded, nor is there a breakdown of hours on particular tasks.

As some redecoration was required, I must also consider betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.

As Cutlers Limited - As Agent For Mount Cargill Trust has wholly succeeded with the claim I must award the filing fee.

Claims and awards in Tenancy Tribunal application 5142208 — net $2,620.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/1/2025	$1,591.43	Rent arrears to 10/1/2025
Cleaning, repairs, rubbish removal, replacement curtains, carpet cleaning	$2,652.00	Cleaning, repairs, rubbish removal, replacement curtains, carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,620.43
Total payable by Tenant to Landlord	$2,620.43

Order

Chantel Kilner must pay Cutlers Limited - As Agent For Mount Cargill Trust $2,620.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 (3255787-004) to Cutlers Limited - As Agent For Mount Cargill Trust immediately.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy ended on 10/1/2025 when the landlord received the keys after the tenant vacated without notice.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
In support of the claim for cleaning, carpet cleaning and rubbish removal the landlord provided an entry inspection report dated 28/5/2024 and an exit report dated 23/12/2024, both containing photographs.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy, the carpet needed cleaning and did not remove all possessions and rubbish.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord sought compensation for removal of paint from a bathroom door, repairs to a bedroom wall, replacement of curtains and repairs to an outside fence.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am persuaded by the evidence that intentional damage was caused during the tenancy to a door, bedroom wall, curtains and fence and was more than fair wear and tear.
The landlord provided an invoice for a global amount of $3,979.00 for all the work undertaken to “bring the property back to a rentable state”.
I have reduced the amount claimed by one third.
The reason for this is the lack of details in the invoice which make it impossible to consider whether the amount claimed is reasonable. No hourly rate or number of hours worked is recorded, nor is there a breakdown of hours on particular tasks.
As some redecoration was required, I must also consider betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
As Cutlers Limited - As Agent For Mount Cargill Trust has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 5142208 — Rent arrears at Unit/Flat A, 405 North Road, North East Valley, Dunedin

At a glance

Tenancy Tribunal case 5142208 — Rent arrears at Unit/Flat A, 405 North Road, North East Valley, Dunedin

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions